CB- RTR sanity check

Hi All.

Just want to make sure I’m not missing something fundamental here.

This is the same client as I recently mentioned on this thread:

http://www.rightsnet.org.uk/forums/viewthread/10219/

Polish national, worked for some years, contract terminated, 8 week gap before claiming JSA (accepted as reasonable by tribunal judge in relation to very recent successful IS appeal outcome), currently receiving MA (still within normal maternity period), has every intention of returning to job market when maternity period ends. TC in payment, CB refused. MR included evidence of her work history, JSA, MA and copy of the successful IS appeal outcome (she appealed to establish her retained worker status as she received MA for the relevant period so no IS arrears payments due).
CBO just rang me to confirm MR unsuccessful. According to whoever rang me they have seen all the evidence we sent (including the IS appeal decision).

Will obviously see what decision says but on the face of it I just can’t see how she can possibly not have RTR for CB purposes.  Am I going bonkers?

...And have now seen the decision which client has scanned and emailed to me. It’s a typical HMRC standard letter and doesn’t say anything (other than she has no RTR).  No reasons. No explanation. I suppose I was expecting too much really…

Post St Prix this seems really wrong to me and should be appealed. Apart from the evidence of work history you already mentioned she would not have awarded MA without evidence of her work history.  Ruth

Saw an HMRC submission the other day where they acknowledged that UC had probably been awarded to the claimant on basis of retain worker status while temporarily unable to work due to illness and then proceeded to lay out the regulations and why claimant didn’t meet them for every other possible type of rtr except retained worker status, and hence they maintained no rtr for CB purposes. Quite right that not bound by DWP’s decision making but ....

Appeal in. Am waiting with bated breath for the bundle….

Please keep us up to date on this - it seems outrageous Ruth

It’s one of the most ludicrous decisions I can remember seeing. Decision making at DWP has gone down a drain hasn’t it? :-(

edit. sorry seen this is HMRC, oh gawd…..

Still nothing….